Dismissed

Cpl Avoy Sinha Babu v. Union of India & Ors.

Delhi HC3 May 2024W.P.(C)/6261/2024

Case brief

AI extract

What is this about?

In W.P.(C) 6261/2024 and connected applications, the Delhi High Court adjudicated a writ petition challenging an Air Force order. The court nullified the petition and the relevant application as the petitioner was directed to seek interim relief from the Armed Forces Tribunal instead. An exemption application was allowed subject to exceptions.

What did the court decide?

The writ petition and CM Appl. 26082/2024 were dismissed as infructuous; CM Appl. 26083/2024 was exempted subject to exceptions.

Cpl Avoy Sinha Babu Vs Union of India & Ors. — Service and Employment | Delhi HC (2024)

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$~56

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 6261/2024, CM APPLs. 26082/2024 & 26083/2024 CPL AVOY SINHA BABU

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..... Petitioner Through: Ms. Nandadevi Dekha, Mr. K.S. Jaggi and Mr. Zain Haider, Advs. versus

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UNION OF INDIA & ORS.

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..... Respondents Through: Mr. Harish Vaidyanathan Shankar, CGSC with Mr. Srish Kumar Mishra, Mr. Alexander Mathai Paikaday, Mr. Lakshay Gunawat and Mr. Krishnan V., Advs. for UOI Mr. Jitendra Kumar Tripathi, GP for UOI Sgn. Ldr. M.N. Khan and Sgt. Vikash Kumar

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CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON’BLE MR. JUSTICE DHARMESH SHARMA

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O R D E R % 03.05.2024

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CM APPL. 26083/2024 (for exemption)

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Exemption allowed subject to all just exceptions.

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Application stands disposed of.

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W.P.(C) 6261/2024, CM APPL. 26082/2024

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The challenge in this writ petition is to an order dated March 14, 2024, passed by the Air Force. It is a conceded position that this order has been passed by the Air Force pursuant to the orders passed by the Armed Forces Tribunal in an OA filed by the petitioner being OA No.517/2024.

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The remedy for the petitioner is to approach the Armed Forces

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/05/2024 at 11:33:26

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Tribunal challenging the order dated March 14, 2024.

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Learned counsel for the petitioner would submit that the reason for filing the writ petition in this Court is because the petitioner is seeking interim protection qua the respondent No.4 which is not amenable to the jurisdiction of the Armed Forces Tribunal. We say nothing on the submission.

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Appropriate shall be for the petitioner to approach the Armed Forces Tribunal with an interim prayer qua respondent No.4 and it goes without saying that the Armed Forces Tribunal shall consider the prayer for interim relief in accordance with law. The writ petition is disposed of.

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CM APPL. 26082/2024

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Dismissed as infructuous.

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V. KAMESWAR RAO, J

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DHARMESH SHARMA, J

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MAY 3, 2024 /aky

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/05/2024 at 11:33:26

Cpl Avoy Sinha Babu v. Union of India & Ors.

Case brief

What is this about?

What did the court decide?

Cpl Avoy Sinha Babu v. Union of India & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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